The court has refused to give instructions to register a new FIR against stand-up comedian Kunal Kamra. file photo
Jagran correspondent, New Delhi. The court has refused to give instructions to register a fresh FIR against stand-up comedian Kunal Kamra for a satirical video made on the political turmoil in Maharashtra. Rohini Court clearly stated that criminal law cannot be used to control humour, dissent or political criticism.
...till then it cannot be considered a crime
Rohini Court Judicial Magistrate First Class Himanshu Sahlot, while rejecting the petition filed under Section 175(3) of the Indian Civil Security Code (BNSS), said that filing multiple FIRs at different places on the basis of the same incident would be an abuse of law.
The court made it clear that mere sharp or uncomfortable remarks cannot amount to a crime unless they incite violence or public disturbance. Persons in public life have to endure a lot of criticism and satire and hurt feelings cannot be a criterion of criminality.
satire on political defection
Rejecting the petition, the court said that democracy is not threatened by satire or disagreement, but by intolerance towards them. In the petition, a demand was made to register an FIR under court monitoring regarding Kamra's video Naya Bharat uploaded in March 2025. In this video, political party-change in Maharashtra has been satirized and Deputy Chief Minister Eknath Shinde has also been commented on.
'Freedom of expression is the oxygen of democracy'
The court said the case involved the balance between freedom of expression and the state's responsibility to maintain public order. The court clarified that its job is not to decide the decency or likes-dislike of any expression, but to see whether the punitive power of the state can be used legally. Describing freedom of expression as the oxygen of democracy, the court said that the law should breathe with it instead of suppressing it.
The complainant, a Delhi-based office-bearer belonging to a faction of the Shiv Sena, had alleged that the video distorted facts by using words like traitor and turncoat, which could lead to disharmony between different political and ideological groups. It was also argued that criminal action was warranted in view of the wide dissemination of the video on internet media and the sensitive political environment of Maharashtra.
Also granted anticipatory bail to Kamra
However, the action taken report presented before the court revealed that an FIR has already been registered at Khar police station in Mumbai regarding the same video. This FIR was registered on the complaint of an MLA from Maharashtra, the investigation of which is going on and the Bombay High Court has also granted anticipatory bail to Kunal Kamra.
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